Iowa Code

Iowa Code § 651.22 (2026)

Costs of partition action

✓ current as of July 2026

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All costs related to a partition action shall be advanced by the plaintiff with such costs paid by all parties to the action proportionately to each party’s respective interest. A cost created by a contest arising from the partition action shall be taxed against the losing contestant unless otherwise ordered by the court. If partition is in kind, costs shall be adjudged and may be collected as provided in section 651.16, subsection 5. If partition is by sale, the costs shall be paid from the proceeds and deducted from the shares of the parties against whom the costs are taxed. Such remedies for collecting costs shall be cumulative of other remedies. 2018 Acts, ch 1108, §22

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2021–2023 · leading case: Jeff M. Mueggenberg, Jeanne M. Mueggenberg & Julie R. Martin v. Jim J. Mueggenberg & Janet K. Mueggenberg (Iowa Ct. App. 2022).

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Jeff M. Mueggenberg, Jeanne M. Mueggenberg & Julie R. Martin v. Jim J. Mueggenberg & Janet K. Mueggenberg (Iowa Ct. App. 2022). · cites it 18× “” Iowa Code § 651.22 . We agree. By default, all costs in a partition action are to be “paid by all parties to the action proportionately to each party’s respective interest.”

Robert Tolle v. Rickey Tolle (Iowa Ct. App. 2021). · cites it 2× “” Iowa Code § 651.22 . Robert suggests he cannot be a losing contestant because the statute contemplates only one losing contestant.”

Richard Grout as Tr. of the Helen Schardein 2018 Revocable Trust v. Dan R. Sickels (Iowa 2023). “See Iowa Code § 651.22 . 16 “[w]hen a deed sufficient to vest title is executed and delivered, the law raises the presumption of an intent to pass the title in accordance with its terms and the burden rests on the one who avers a different intention.”

Richard Grout as Tr. of the Helen Schardein 2018 Revocable Trust v. Dan R. Sickels (Iowa 2023). “See Iowa Code § 651.22 . 16 son had no interest in the property.”

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